Visitacion v. Workmen's Compensation Commission
REITERATIONFacts
The Antecedents: Petitioner Francisco Visitacion filed a claim for compensation due to lung disease (tuberculosis) allegedly incurred in the course of employment with Red V Coconut Products Ltd. The Referee of the Workmen's Compensation Commission (WCC) rendered a decision in favor of the claimant. Procedural History: The case was elevated for review to the Commission en banc. Commissioner Paciano Villavieja issued a decision reversing the Referee's award. Petitioner received notice of this decision on December 24, 1969. He filed a motion for reconsideration by the Commission en banc on January 6, 1970, which was denied on February 20, 1970, on the ground that the decision of Commissioner Villavieja had become final and unreviewable on January 3, 1970, pursuant to Section 1, Rule 17 of the WCC Rules. The Petition: Petitioner received notice of the Resolution of the Commission en banc on March 9, 1970, and filed a motion to reconsider on March 19, 1970. This motion was denied on April 19, 1970, and notice was received on May 9, 1970. On May 15, 1970, he filed his notice of appeal and petition for review with the Supreme Court.
Issue(s)
Whether the appeal to the Commission en banc was filed within the reglementary period. Whether the statutory period of 15 days for applying for review under Sections 49 and 50 of Republic Act 772 should apply. Whether the appeal to the Supreme Court from the adverse resolution of the WCC en banc was filed within the reglementary period.
Ruling
The Supreme Court denied the petition for review. The appealed decision of Commissioner Paciano Villavieja was declared final and executory.
Ratio Decidendi
On the timeliness of the appeal to the Commission en banc: The WCC Rules, promulgated pursuant to Section 12 of Article III of Reorganization Plan 20-A, provided that a motion for reconsideration of a Commissioner's decision must be filed within ten (10) days from receipt thereof. Petitioner received the decision on December 24, 1969. Therefore, his period for resorting to the Commission en banc expired on January 3, 1970. His motion for reconsideration, filed on January 6, 1970, was six days late. Consequently, the appeal to the full Commission was correctly dismissed, and Commissioner Villavieja's decision became final and executory. On the applicability of the statutory period of 15 days: The argument that Sections 49 and 50 of Republic Act 772, which set a 15-day period for review, should apply is without merit. As clarified in Manila Trading & Supply Co. vs. WCC, the statutory 15-day period refers to appeals from an award by a Referee, not to appeals from a decision of one Commissioner to the Commission en banc. Furthermore, the WCC had long before, since 1957, set the period for appealing a Commissioner's decision to 10 days. The amended WCC Rules of 1969 confirmed this period. Petitioner's failure to comply with the 10-day period in 1969 was inexcusable, as parties cannot claim vested rights in procedural rules. On the timeliness of the appeal to the Supreme Court: Under Section 4 of Rule 43 of the Revised Rules of Court, an appeal from an adverse resolution of the WCC en banc must be filed within ten (10) days from notice thereof. Petitioner received notice on March 9, 1970. He filed his notice of appeal on May 15, 1970, which was sixty-six (66) days from notice. Even deducting the 50 days his motion for reconsideration was pending (from March 19, 1970, to May 9, 1970, when he was notified of its denial), the petition was filed sixteen days after notice of the appealed resolution, which is six days too late. The Court is thus left with no alternative but to declare the appealed decision final and executory.
Main Doctrine
The failure to file an appeal or motion for reconsideration within the reglementary period prescribed by the rules of the Workmen's Compensation Commission renders the decision final and executory, and the Supreme Court cannot extend this period.